Relocation of Children

Parental Relocation in Florida

Relocating Children and Child Custody Agreements

If you have primary
custody of your child after you and your spouse have been
divorced, there are important laws put in place to protect both parents and children
that you must follow. If either parent is looking to move more than 50
miles away from when you currently reside, it is very important to get
permission to do so. In fact,
Florida Statutes section 61.13001 states that if a parent with primary residential custody of a child or
children wants to move, he or she must either obtain a court order or
written agreement allowing a move of more than 50 miles from the current
residence.

If either parent is considering moving the primary residence of the child,
it is very important to consult with a Tampa divorce attorney that deals
with the relocation of children to ensure that the proper channels are
followed. If you decide to move without obtaining the proper agreement,
you could be held in
contempt of court or risk losing your custody status, depending upon your circumstances.

Filing the Petition to Relocate

If you are filing a petition to relocate with your children, you must also
notify the child's other parent of the following:

Where you intend to relocate (city, state, and address – if known)

Mailing address, if different than home address

Intended move date

Detailed explanation of the reasons for relocating

Explanation of how you would like the new custody/parenting time agreement to look

Responding to a Petition to Relocate

If you are not filing, but have received a petition to relocate notification
from your child's other parent, you can file a petition objecting
to the relocation. This must be filed in writing within 20 days of receiving
the petition. Givens Givens Sparks represents parents on both sides of
the relocation debate. Whether you need to relocate or would like to object
to a relocation, we are here for you.

Contacting Our Tampa Family Lawyers

When looking to obtain a court order to allow you and your child to move
residences, you do run the risk of the other parent refusing to agree
to the move. At that point, the court will take specific steps in order
to determine if the primary custodial parent should be allowed to relocate
with the child. Every attorney in our law firm is devoted to upholding
the rights of children and parents in all types of family law cases. Relocation
is no different, and we will stand by you throughout the process. Every
relocation attorney at Givens Givens Sparks has extensive experience in
handling this category of family law.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.